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MARCELLO v. BOWEN

No. 86-3338. Summary Calendar.

803 F.2d 851 (1986)

Carlos MARCELLO, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 3, 1986.

Attorney(s) appearing for the Case

Mark A. Mancini, Washington, D.C., for plaintiff-appellant.

John Volz, U.S. Atty., Nancy Nungesser, Asst. U.S. Atty., New Orleans, La., Patrick A. Hudson, Principal Regional Counsel, Social, Valerie Olds, Atty., Security Disability Litigation Branch, Dept. of Health & Human Services, Dallas, Tex., for defendant-appellee.

Before ALVIN B. RUBIN, RANDALL and PATRICK E. HIGGINBOTHAM, Circuit Judges.

PER CURIAM:

Plaintiff appeals from the judgment of the district court granting defendant's motion for summary judgment and dismissing plaintiff's complaint. We affirm.

I.

Appellant, Carlos Marcello, was brought to the United States as a baby and admitted as a legal resident in 1910. In 1938, Marcello was convicted of violating the Marihuana Tax Act, 26 U.S.C. § 2591. At that time, such a violation was not a ground for deportation but §...

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